D.A.’s office to take over theft/accident case

Greg Risling

COSTA MESA -- The Police Department will hand over its

investigation today involving an accident this past weekend that saw a

15-year-old driver accidentally run over his older brother after

allegedly stealing some compact discs at a Wherehouse music store.

The Orange County district attorney’s office will take over the case,

but without any recommendation from the police about how to proceed. The

department has the option to make such a recommendation but decided

against it, said Lt. Ron Smith.

“We presented just the facts about what, if any, legal area applies,”

he said. “They [D.A.’s office] will make the call.”

Police have gingerly approached the case because of its tragic

circumstances. Police said a group of four boys grabbed a handful of

compact discs Saturday night at the music store and sped away in a truck.

Moments later at a nearby parking lot, the 15-year-old driver slowed the

truck before speeding away. His older brother, 17, tried to jump out of

the bed of the truck and run away, but fell to the ground.

The right rear wheel of the truck ran over the 17-year-old’s head,

causing major injuries. The other two boys ran away and have not been

identified by police.

The older brother remains in critical condition at Western Medical

Center in Santa Ana.

There are several directions the district attorney’s office can take

with the case: 1) file the case as a misdemeanor petty theft with the

traffic accident 2) depending on the suspects’ type of intent, charges

could be filed as felony burglary 3) if the victim doesn’t survive,

felony murder charges.

While the latter seems extreme, it is within the realm of the law. But

some law enforcement officials don’t agree that would be the best

solution.

“I think it would be stretching the intent of the law,” said Lt. John

FitzPatrick. “Personally, I think it’s a sad event, and we would be

erring on the side of compassion if the boy was charged with murder.”

The victim was a former student at Costa Mesa High School according to

Principal Andy Hernandez, who remembers working with the teen.

“I’m very disappointed to hear that this happened,” he said.